Legal guns in California fall inside a tight set of rules: handguns must appear on the state’s Roster of Certified Handguns, rifles have to avoid a specific list of features if they use a detachable magazine, magazines are capped at 10 rounds, every dealer sale carries a 10-day waiting period and background check, and carrying in public generally requires a concealed carry license from your county sheriff. The rules below cover who can buy, what’s legal to own, how the purchase works, and what carrying looks like once you have a gun.
Who Can Buy a Firearm
You must be at least 21 to buy any firearm from a licensed dealer. A narrow exception lets licensed hunters aged 18 to 20 buy certain long guns, but not handguns and not semiautomatic centerfire rifles.1California Legislative Information. California Code PEN 26150 – Concealed Weapons License
Penal Code Section 29800 permanently bars anyone convicted of a felony, under any state’s or federal law, from possessing a firearm. The same prohibition applies to anyone addicted to narcotics and to anyone with knowledge of an outstanding warrant for a qualifying offense.2California Legislative Information. California Code PEN 29800 – Prohibited Persons Federal law adds more categories: anyone involuntarily committed to a mental institution, anyone subject to a domestic violence restraining order, and anyone convicted of a misdemeanor crime of domestic violence.3Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons
Which Handguns Are Legal to Buy
Licensed dealers can only sell handguns listed on the Roster of Certified Handguns. Penal Code Section 31910 defines an “unsafe handgun” as any pistol or revolver that fails the state’s testing standards, and dealers cannot sell unsafe handguns to the public.4California Legislative Information. California Code Penal Code 31910 – Unsafe Handgun and Related Definitions
To reach the roster, a model has to pass a drop-safety test and a firing test. Three samples of the model each fire 600 rounds, with the first 20 going without any malfunction and no more than six total malfunctions across the full test. A cracked or broken operating part that raises injury risk also fails the gun.4California Legislative Information. California Code Penal Code 31910 – Unsafe Handgun and Related Definitions
When a model drops off the roster, dealers can no longer sell it new. Private party transfers of off-roster handguns between individuals remain possible, but the retail channel closes. A microstamping requirement is scheduled to take effect January 1, 2028, and could further narrow what dealers can sell if the DOJ finds the technology commercially available at a reasonable price.5State of California – Department of Justice – Office of the Attorney General. Attorney General Bonta Releases Report, Finds Firearm Microstamping Technology Viable
Which Rifles Are Legal
Penal Code Section 30515 classifies a semiautomatic centerfire rifle as an assault weapon when it accepts a detachable magazine and has any one of these features:
- A pistol grip that protrudes conspicuously beneath the action
- A thumbhole stock
- A folding or telescoping stock
- A flash suppressor
- A forward pistol grip
- A grenade or flare launcher
The detachable magazine plus any listed feature is what triggers the ban. Remove either side and the rifle can be legal.6California Legislative Information. California Code PEN 30515 – Assault Weapons
Most owners who want a pistol grip use a “fixed magazine” configuration. A magazine counts as fixed when it cannot be removed without disassembling the firearm action, which in practice means pulling a rear takedown pin to separate the upper and lower receivers before releasing the magazine.6California Legislative Information. California Code PEN 30515 – Assault Weapons
Possessing an unregistered assault weapon carries up to a year in county jail or a state prison sentence. A first offense involving no more than two firearms may be reduced to a $500 fine if you can prove you legally owned the weapon before it was classified as an assault weapon and you relinquish it to authorities.7California Legislative Information. California Code PEN 30605 – Assault Weapon Possession
Magazine Capacity Limit
Penal Code Section 32310 makes it illegal to manufacture, import, sell, give, or lend any large-capacity magazine in California. “Large-capacity” means any feeding device holding more than 10 rounds, with narrow exceptions for certain .22-caliber tube-fed devices and tubular magazines in lever-action firearms. The limit applies equally to handgun and long-gun magazines.
Manufacturing, importing, or selling a large-capacity magazine carries up to a year in county jail or a state prison sentence.8California Legislative Information. California Code PEN 32310 – Large-Capacity Magazines Possession can be charged as an infraction with a fine up to $100 per magazine, or as a misdemeanor with the same $100-per-magazine fine, up to a year in county jail, or both. There is no federal magazine cap; this rule is California’s alone.
What You Need Before You Walk Into the Dealer
Firearm Safety Certificate
Penal Code Section 31610 requires a Firearm Safety Certificate before any purchase.9California Legislative Information. California Code Penal Code 31610 – Firearm Safety Certificate You earn it by passing a written test given by a DOJ-certified instructor covering safe handling, California firearms law, and secure storage. The fee is $25, and the DOJ publishes a study guide online.10State of California Department of Justice. Firearms Safety Certificate Study Guide
ID and Proof of Residency
You need a valid California driver’s license or state ID. If your ID carries a “Federal Limits Apply” notation, bring additional proof of legal presence in the United States.
For handguns, you also need a second document showing your residential address. Acceptable options include a utility bill dated within the last three months, a residential lease, or a property deed. The name and address must match your purchase application exactly.11State of California Department of Justice. Title 11, Division 5, Chapter 4, Evidence of Residency Documentation
How the Purchase Works
The transaction starts when the dealer submits a Dealer’s Record of Sale (DROS) through the DOJ’s electronic system with your information and the firearm’s serial number. The DROS fee is $31.19 for one or more firearms transferred at the same time, and dealers may add their own processing fee on top.12New York Codes, Rules and Regulations. 11 CCR 4001 – DROS Fees
Filing the DROS starts a mandatory 10-day waiting period. The dealer cannot release the firearm any earlier, even if your check clears sooner. During those 10 days the DOJ screens for criminal convictions, active restraining orders, mental health holds, and other disqualifying factors.13California Legislative Information. California Code PEN 26815 – Sale, Lease, or Transfer of Firearms
When you return for pickup, you must complete a safe handling demonstration with that specific gun. You’ll load, unload, and clear it under the dealer’s observation. Any error means starting over from the beginning.14Legal Information Institute. 11 CCR 4256 – Safe Handling Demonstration Steps Applicability and Definitions
Private Party Sales
Selling or giving a firearm to another private individual in California is not a private matter. Penal Code Section 27545 requires every private party transfer to go through a licensed firearms dealer.15California Legislative Information. California Code Penal Code PEN 27545 – Private Party Transfers Both parties appear in person at the dealer, the buyer needs a valid Firearm Safety Certificate, and the same DROS paperwork, background check, and 10-day waiting period apply. Transferring outside a licensed dealer can bring misdemeanor or felony charges. For interstate transfers, federal law also requires the firearm to be shipped to a licensed dealer in the recipient’s state.3Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons
Carrying a Firearm in Public
Open Carry
Open carry is banned. Since 2012, carrying an exposed and unloaded handgun on your person or in a vehicle in any public place within an incorporated city has been illegal under Penal Code Section 26350. The ban also extends to prohibited areas in unincorporated counties.
Loaded Firearms in Public
Penal Code Section 25850 separately prohibits carrying a loaded firearm in any public place or on any public street in an incorporated city. A first offense with no aggravating factors is a misdemeanor punishable by up to a year in county jail, a fine up to $1,000, or both. It becomes a felony if you have a prior felony conviction, the firearm is stolen, or you are a prohibited person.16California Legislative Information. California Code PEN 25850 – Carrying a Loaded Firearm
Concealed Carry License
The legal route to carrying in public is a concealed carry weapon (CCW) license from your county sheriff. Under Penal Code Section 26150, as amended effective January 1, 2026, the sheriff issues a license when you meet all of the following:
- You are at least 21 years old
- You live in the county, or your principal place of work is there
- You complete a 16-hour training course for new applicants (8 hours for renewals), including live-fire shooting and a proficiency demonstration
- You are not disqualified under Section 26202
- You are the recorded owner of the firearm with the DOJ
Even with a valid CCW, some locations are off-limits. Senate Bill 2, effective in 2024, listed sensitive places including bars, playgrounds, parks, stadiums, libraries, and amusement parks. A federal court has partly blocked several of those location-based restrictions, and the legal picture keeps shifting. Check current court orders before carrying in a location that may still be contested.
Carrying Without a License
Carrying a concealed firearm without a valid CCW is a crime under Penal Code Section 25400. A first offense with no aggravating circumstances is a misdemeanor carrying up to a year in county jail, a fine up to $1,000, or both. It escalates to a felony if you have a prior felony conviction, the gun is stolen, you are a prohibited person, or the firearm is loaded and you are not its registered owner.17California Legislative Information. California Code PEN 25400 – Carrying a Concealed Firearm
Safe Storage at Home
Penal Code Section 25100 creates three tiers of criminal storage offenses, keyed to what happens when an unauthorized person accesses your gun. First-degree criminal storage applies when a child or prohibited person obtains the firearm and causes death or great bodily injury; it carries up to three years in state prison, a fine up to $10,000, or both. Second-degree covers lesser injury or the person taking the gun to a public place, and carries up to a year in county jail, a fine up to $1,000, or both. Third-degree covers negligent storage where a child is likely to gain access, even without any injury, and is a misdemeanor.18California Legislative Information. California Code PEN 25100 – Criminal Storage of a Firearm
A separate rule effective January 1, 2026, Penal Code Section 25135, requires that if you share a residence with someone you know is a prohibited person, you must either securely store your firearms or keep them under your direct control. Violating this is a misdemeanor on its own, whether or not anyone is harmed.19California Legislative Information. California Code Penal Code 25135 – Storage When Prohibited Person Resides in Home
NFA Items: Federal Registration Is Not Enough
The National Firearms Act requires federal registration and a $200 tax for short-barreled rifles (barrels under 18 inches) and suppressors. California goes further and bans most NFA items outright, so even a federally registered short-barreled rifle or suppressor is generally illegal to possess here.20Bureau of Alcohol, Tobacco, Firearms and Explosives. National Firearms Act Federal registration does not override California’s separate prohibitions. Before acquiring any NFA-regulated item, confirm it is also legal under the California Penal Code, because getting this wrong can bring both state and federal charges.